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DUI Statute Of Limitations

Posted by David Jones | Jul 21, 2015 | 0 Comments

Were you arrested for driving under the influence (DUI) in Madera, Fresno, Kings or Tulare County, but for some reason the District Attorney (DA) is dragging their feet when it comes to filing your DUI charges? Could this delay mean that you're off the hook?

It does happened. A driver is cited for DUI, they are not charged at their first hearing, and they are told that they will be mailed a letter when the charges are filed. Should they pick up the phone and shake up the DA's office?

When the DA Delays Filing DUI Charges

It may sound strange, but often the DA takes their time filing DUI charges. Unfortunately, the DUI arrest that happened months back leaves a cloud over the person's head until the DA finally decides what to do.

If you're in this situation, the best thing for you to do is to contact our office to speak with an experienced DUI attorney who may be able to ensure that they do not file charges.

It's not unusual to encounter delays from the DA's office in Madera, Fresno, Kings and Tulare Counties, especially in DUI cases. Occasionally, it takes 6 months or longer for the DA to file DUI charges.

The advantages of hiring a defense attorney are that your lawyer can check on the filing of the case on your behalf and can represent your interests before charges are even filed. While there are rare instances where a filing may get lost, don't count on it.

What is the Statute of Limitations?

The statute of limitations has to do with how long the DA has to file criminal charges against you. For a misdemeanor DUI, it's one year. As long as the charge is filed within one year of the DUI offense, the statute of limitations is met.

The statute of limitations does not apply to DUI warrants. A DUI warrant stays active indefinitely. However, in some cases, an individual may have a motion to dismiss a case if no effort has been made to arrest the person on the warrant.

If you have been arrested for DUI but haven't heard from the DA, you don't want to chance it. You want to hire a Fresno DUI lawyer right away.

Contact Wapner Jones, PC for aggressive and hard-hitting legal defense!

About the Author

David Jones
David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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